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Immigration Procedure
Passport
Requirements
Visa
Requirements
Entry into
Malaysia
Employment of
Expatriate Personnel
Application for
Expatriate Posts
Employment of
Foreign Workers
1. Passport Requirements
All persons entering Malaysia must possess valid national passports or other
internationally recognized travel documents valid for travel to Malaysia. These
passports or travel documents must be valid for at least six months beyond the
date of entry into Malaysia.
Those who are in possession of passports which are not
recognized by Malaysia
must apply for a document in lieu of a passport and visa which is issued by
Malaysian missions abroad.
2. Visa Requirements
Commonwealth citizens (except for India, Bangladesh, Pakistan and Sri Lanka),
British protected persons or citizens of the Republic of Ireland and citizens of
Switzerland, the Netherlands, San Marino and Liechtenstein do not need a visa to
enter Malaysia.
Citizens of certain countries which include Austria, Belgium, Denmark,
Finland, Germany, Iceland, Japan, Republic of Korea, Luxembourg, Norway, Sweden,
Saudi Arabia, Tunisia, Turkey, Italy, United Arab Emirates and the United States
of America do not require a visa for a visit not exceeding three months.
Citizens of ASEAN countries, Argentina, France, Hungary, Poland and South
Africa do not need a visa for a visit not exceeding one month.
Citizens of East European Countries, Baltic and Commonwealth of Independent
States, Afghanistan, Iran, Iraq, Libya, Romania and Syria do not need a visa for
a visit not exceeding two weeks.
Citizens of North Korea, Cuba, the Socialist Republic of Vietnam, the
People’s Republic of China and holders of Hong Kong Certificate of Identity,
Myanmar and Taiwan are allowed to enter Malaysia subject to their application
for a visa being approved.
Application for Visas
Application for visas for the purpose of entry into Malaysia should be made
at the nearest Malaysian mission abroad. In countries where Malaysian missions
have not been established, applications should be made to the nearest British
High Commission or Embassy.
3. Entry into Malaysia
3.1 Passes to be Obtained at Point of Entry
A visit pass for the purpose of a social, tourist or business visit may be
obtained at the point of entry if the visitor can satisfy the immigration
authority at the point of entry that he has a valid passport and visa
(wherever applicable).
The types of passes issued are as follows:
(i) Visit Pass (Social or Tourist)
Visit passes (social or tourist) are issued solely for the purpose of a
social or tourist visit. A person who has been issued with a social or tourist
visit pass is not permitted to take up employment, business or professional
work while in Malaysia.
(ii) Visit Pass (Business)
Visit Passes (Business) are issued to:-
- owners and company representatives entering for the purpose of attending
company meeting, seminar, inspection of company's account or to ensure the
smooth running of the company
- investors or businessmen entering for the purpose of looking at business
opportunities and investment potential
- foreign representatives of companies entering for the purpose of
introducing their goods that are to be manufactured in Malaysia, but not
engaging in direct selling or distribution
- property owners entering for the purpose of negotiation, selling and
leasing of properties
- foreign reporters from mass media agencies entering for the purpose of
covering convention or any event in Malaysia
- participants in sporting events
These passes cannot be used for the purposes of employment or for
supervising the installation of new machinery or the construction of a
factory.
Conversion of Passes
Foreign visitors, except those from the Republic of Singapore, who have
entered Malaysia on social or tourist visit passes may apply to the
Immigration Department to convert their social or tourist visit passes into
business visit passes. This ruling is designed to assist foreign visitors who
wish to undertake business activities.
All applications for converting social or tourist visit passes into
business passes must be submitted to the Immigration Department with a letter
of recommendation from the Ministry of International Trade and
Industry.
3.2 Passes to be Obtained upon Arrival in Malaysia
Other than applications for entry for the purpose of tourist, social or
business visits, all applications for passes mentioned below must be made upon
arrival in the country.
All such applications must have sponsorship in Malaysia. The sponsors must
agree to be responsible for the maintenance and repatriation of the visitors
from Malaysia should it become necessary.
The types of passes issued are as follows:
(i) Visit Pass (Temporary Employment). This is issued to persons who enter
the country to take up temporary employment.
(ii) Employment Pass. This is issued to any foreigner who enters the
country to take up a contract of employment with a minimum period of two
years.
(iii) Visit Pass (Professional). This is issued to foreigners for the
purpose of engaging in short-term contract with any agencies. The validity of
the pass varies but does not exceed twelve months at any one time.
(iv) Dependent’s Pass. This is issued to the wife and children of any
foreigner who has been issued with an Employment Pass. This pass may be
applied together with the application of Employment Pass or after the
Employment Pass is approved. The wife and children of any person who enters
the country on a visit pass (temporary employment or professional) will be
issued a visit pass (social).
(v) Student’s Pass. This is issued to any foreigner who enters the country
for the purpose of taking up studies in any approved educational
institution.
4. Employment of Expatriate Personnel
It is the Government’s policy that Malaysians are eventually trained and
employed at all levels of employment. Companies are encouraged to train more
Malaysians so that the employment pattern at all levels of the organization will
reflect the multi-racial composition of the country.
Notwithstanding this, foreign companies are allowed to bring in expatriate
personnel in areas where there is a shortage of trained Malaysians to do the
job. In addition, foreign companies are also allowed “key posts”, that is, posts
that are permanently filled by foreigners.
The guidelines on employment of expatriate personnel are as follows:
(a) A company with foreign paid-up capital of US$2 million and above will
automatically be allowed five expatriate posts including key posts. Additional
expatriate posts will be given when necessary, upon request.
(b) A company with foreign paid-up capital of less than US$2 million will
be considered for expatriate posts on the basis of the following:
- Key posts can be considered where the foreign paid-up capital is at
least RM500,000. This figure, however, is only a guideline and the number of
key posts allowed depends on the merits of each case.
- For executive posts which require professional qualifications and
practical experience, expatriates may be employed up to a maximum period of
10 years, subject to the condition that Malaysians are trained to eventually
take over the posts.
- For non-executive posts which require technical skills and experience,
expatriates may be employed up to a maximum period of five years, subject to
the condition that Malaysians are trained to eventually take over the posts.
An expatriate officer who is transferred from one post to another post
within the same company is not required to obtain a new employment pass. His
original employment pass will be amended to reflect the change in post.
However, a new expatriate officer replacing another expatriate officer is
required to obtain a fresh employment pass.
All employment passes are valid for the period of time as approved for the
post. However, for key posts holders, the employment passes will be given on a
5-year renewable basis, except under circumstances where:-
- the validity of the expatriate's passport is less than 5 years;
- the employment contract agreement of the expatriate is less than 5 years;
and
- the employer requires the services of the expatriate for less than 5
years.
5. Application for Expatriate Posts
Applications for expatriate posts (including key posts, executive and
non-executive posts) can be submitted to MIDA at the same time as the company’s
application for approval of its project. If the company is unable to do so, it
may submit its application for expatriate personnel at a later stage
This procedure applies to expatriate personnel required by:
For companies which do not fall under the above categories, applications for
extension of expatriate posts or for additional expatriate posts should be
submitted directly to the Immigration Department headquarters in Kuala Lumpur.
There is no levy on expatriate posts. However, a processing fee of RM300 per
year or part thereof for key posts and RM200 per year or part thereof for
management/professional/technical posts will be imposed.
6. Employment of
Foreign Workers
In Malaysia, employment of foreign workers is allowed in the construction,
plantation, service (domestic servants, hotel industry trainers and instructors)
and manufacturing sectors. Only nationals of Bangladesh, Cambodia, Indonesia,
Pakistan, the Philippines, Sri Lanka and Thailand are allowed to be employed.
The Foreign Workers Division of the Immigration Department is the approving
authority for the employment of foreign workers belonging to the skilled,
semi-skilled and unskilled categories (i.e. does not include expatriates under
the management, professional and technical/supervisory categories).
Approval is based on the merits of each case and subject to conditions that
will be determined from time to time. An employer's application to employ
foreign workers will only be considered after efforts to find qualified local
citizens and permanent residents have failed.
To ensure that foreign labor is employed only when necessary, an annual levy
on foreign workers is imposed. The rates of levy on foreign workers involved in
the manufacturing, services and construction sectors are RM125 per month and
workers in the agricultural sector are RM30 per month.
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